HC Deb 11 February 1977 vol 925 cc873-4W
Mr. Cyril Smith

asked the Attorney-General whether recommendations 140 and 141 of the Finer Report on one-parent families have been brought to the attention of those concerned; and, if so, what action has been taken on them.

The Attorney-General

My right hon. Friend the Secretary of State for the Environment is consulting local authority associations about the terms of a circular of guidance on housing for one-parent families which, amongst other things, will call attention to the need to have regard to recommendation 140 in local authority arrangements for providing advice and assisting others who provide advice.

My noble Friend the Lord Chancellor has drawn recommendation 141 to the attention of the Law Society and the Senate of the Inns of Court and the Bar, which are the bodies responsible for the training of lawyers; the action to be taken on this recommendation is a matter for those bodies.

Mr. Cyril Smith

asked the Attorney-General what action has been taken on recommendations 134 to 139 of the Finer Report on one-parent families and whether, in particular, recommendation 137 has been overtaken by the decision of the Court of Appeal in Allen v. Allen [1974] 1W.L.R. 1171.

The Attorney-General

Recommendations 134 and 135 have been implemented in Sections 3 and 1 respectively of the Domestic Violence and Matrimonial Proceedings Act 1976, which my noble Friend the Lord Chancellor hopes to bring into operation in May when associated rules of court have been made.

Recommendations 136 to 139 have been brought to the attention of the Law Commission, which has been considering co-ownership of the matrimonial home as part of its Second Programme on Law Reform. My noble Friend expects to receive its report during this year. These recommendations will also be taken into account in the review of the Rent Acts, which was announced by my right hon. Friend the Secretary of State for the Environment on 31st January.

As the hon. Member suggests, the case of Allen v. Allen indicates that the courts already have power under Section 24(1)(b) of the Matrimonial Causes Act 1973 to deal with the occupation of the matrimonial home upon divorce.